MEMORANDUM OF AGREEMENT
KNOW BY ALL MEN BY THESE PRESENTS
This AGREEMENT is made and entered into this 27th day of APRIL
2019, by and between:
The SKYLIMITLESS, a corporation duly organized and existing under and by
virtue of Philippine laws, with principal office address at SKY Building, 587
Vicente cruz st. Sampaloc, Manila 1008, represented herein by its President
and Chief Executive Officer, MA. LEAH RUBEE B. LUSTRE, hereinafter
called the "FIRST PARTY";
-and
The KIMBERS TRUCKING, a sole proprietor, duly organized and existing
under and by virtue of Philippine laws, with principal office address at Purok 2,
JP Rizal, brgy. San Julian, Irosin Sorsogon 4707 duly represented herein by
its General Manager, CLEMEN A. ESPENIDA. hereinafter called the
"SECOND PARTY".
-and
Hereinafter, collectively referred to as "Parties".
WITNESSETH:
WHEREAS, the FIRST PARTY agrees to hire (2) two trucks from
FIRST PARTY on a monthly basis with the plate number: ALX613 AND
KIAS921, hereinafter referred to as the “TRUCKS”
WHEREAS, the SECOND PARTY agrees to lock in two (2) trucks with
the plate number ALX613 and KIAS921 EXCLUSIVELY FOR THE USE OF
FIRST PARTY only
WHEREAS the FIRST PARTY will hire their own driver and helper for
the duration of this agreement, and are responsible for the toll fees, gasoline
fees, and maintenance fees of the TRUCKS.
WHEREAS the SECOND PARTY will provide the parking space of the
TRUCKS in their garage lot with the address of 238 Cristobal St., Sampaloc,
Manila for the use of FIRST PARTY as desired.
Subject to the following terms and conditions.
1. TERM. The term for this agreement shall be for a period of three (3) years
counted from the day this contract is executed. This contract may be
extended for another period of ten (10) years or for a longer term subject
review and revision with mutual agreement of the two parties.
2. OBLIGATIONS. The FIRST PARTY guarantees to the SECOND PARTY
the proper maintenance and handling of the TRUCKS, and with due diligence
of a good father, and it will conduct proper observance and obedience to
traffic laws in accordance to R.A. No. 4136 or the Land Transport Code.
3. The SECOND PARTY guarantees that the TRUCKS are in optimal
condition in the date of this contract, and runs smoothly with no issue in the
day this contract is executed.
4. The FIRST PARTY shall exclusively use the TRUCKS at his own expense
to include costs of maintenance, fuel, oil, manpower and other related
expenses pertaining to motorized vehicles.
5. The FIRST PARTY will neither use the truck for the delivery of illegal goods
nor in any way rent the trucks to a third party for their benefit. Likewise, the
SECOND PARTY shall not rent the trucks to a third party in anytime of this
agreement.
6. While the trucks are in the custody of the FIRST PARTY, the FIRST
PARTY shall be liable for losses and damages thereof including breakages
whatever may be the cause of such loss or damage.
7. The FIRST PARTY will pay Php 80,000 monthly to SECOND PARTY for
the exclusive use of the latter’s truck.
8. The SECOND PARTY has no direct supplier/distributer relationship with
the customers of the FIRST PARTY.
9. Either party may terminate the agreement but must provide 1 month notice
in advance.
10. GOVERNING LAW. This Agreement shall be governed by and construed
in accordance with the laws of Philippine Law
11. AMENDMENTS. The Parties agree that any amendments made to this
Agreement must be in writing, where they must be signed by both Parties to
this Agreement.
IN WITNESS WHEREOF, the parties thru their authorized officials have
hereunto affix their signatures on this 27th day of APRIL 2024 at the
RUBEE building, 123 Emelda Street, Sorsogon, Philippines.
For the FIRST PARTY For the SECOND PARTY:
MA. LEAH RUBEE B. LUSTRE CLEMEN A. ESPENIDA
President and CEO General Manager
**witnesses**
JANNA D. MACINAS MESSY B. MONTE
Executive Secretary Assistant Manager
MAZE B. MONTE
Notary Public
Sorsogon, City
